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Annulment respondents who want to use canon law to defend their marriage against declarations of invalidity have the right to have a competent advocate assisting them. An advocate is like a lawyer. Respondents have the right to read the petition (called libellus, meaning "little book") of the petitioner. The petition must describe, in a general ...
Declaration of Nullity. Dignitas connubii; Matrimonial Nullity Trial Reforms of Pope Francis; Vetitum; Defender of the Bond; Impediments to Marriage. Affinity; Clandestinity; Impediment of crime; Disparity of cult; Ligamen; Public propriety; Matrimonial dispensation. Ratum sed non consummatum; Sanatio in radice; Natural marriage. Pauline ...
The majority suspended the declaration of invalidity for a period of a year to allow Parliament time to correct the defect. It also declared the omission from section 30(1) of the Marriage Act after the words "or husband" of the words "or spouse" to be inconsistent with the Constitution, and invalid to the extent of the inconsistency.
Although an annulment is thus a declaration that "the marriage never existed", the Church recognizes that the relationship was a putative marriage, which gives rise to "natural obligations". In canon law, children conceived or born of either a valid or a putative marriage are considered legitimate, [ 9 ] and illegitimate children are ...
Since section 172 allows a court to limit or suspend the effects of a declaration of invalidity, the respondent will in most cases be called upon to justify such a request. However, a court may also grant relief in addition to the declaration of invalidity, as in the case of an interdict or constitutional damages.
In common law, a declaration ordinarily refers to a judgment of the court or an award of an arbitration tribunal that is a binding adjudication of the rights or other legal relations of the parties which does not provide for or order enforcement. Where the declaration is made by a court, it is usually referred to as a declaratory judgment.
Daniels v Campbell Court Constitutional Court of South Africa Full case name Daniels v Campbell NO and Others Decided 11 March 2004 (2004-03-11) Docket nos. CCT 40/ 03 Citations ZACC 14 ; 2004 (5) SA 331 (CC); 2004 (7) BCLR 735 (CC) Case history Prior actions Daniels v Campbell NO and Others 2003 (9) BCLR 969 (C) in the High Court of South Africa, Cape of Good Hope Provincial Division Related ...
Sachs turned next to the power of the Constitutional Court to suspend a declaration of invalidity, "in the interests of justice and good government," [7] pending correction of the constitutional defect in the legislation by Parliament. He held that a party wishing for the court to make such an order had to provide it with "reliable information ...